The pointing of fingers between two key public watchdogs, the Ethics and Anti-Corruption Commission and the Directorate of Public Prosecutions (DPP)is to say the least, sickening.
The framers of the constitution thought it wise to separate the two key bodies to supplement each other in ensuring integrity, accountability and transparency in the public service, but their open altercations make many wonder if Kenyans are getting value for their money.
The ODPP and EACC can do better and more so if they operate within their mandates. But now that they have failed to abide by their guiding principles of compatibility, I am of the view that the law be reviewed to give the EACC its own prosecutorial powers. Millions of taxpayers' money is spent in running the two offices and the least Kenyans expect is unnecessary wars that end up seeing known economic saboteurs and criminals get away with their omissions.
In December last year, Balala and his then PS Leah Gwayo and 16 suspects were arrested and later prosecuted over a Sh8.8 billion tender at the Kenya Utalii College. The case has been proceeding at a Malindi Court after clearance by the DPP. But last week, the same DPP successfully applied for the termination of the high-profile case to the chagrin of the EACC.
EACC Chairman, David Oginda hit the roof, saying the DPP had erred by withdrawing such a case. Said Oginde, “With this kind of action, our work is undermined and it's not in the interest of the country”. In February, EACC clashed with the DPP over the latter's move to withdraw another case involving three top Geothermal officials. Before his elevation to the office of National Intelligence, the then-DPP boss, Noordin Haji, found himself in regular clashes with the EACC over the sudden withdrawal of high-profile cases.
Among the cases that raised eyebrows include those of Deputy President Rigathi Gachagua, former CSs, Henry Rotich, Aisha Jumwa and Mithika Rinturi. However, my concern is; what justification is there for Kenyans to continue servicing offices meant to help them fight graft but instead end up making it easy for the economic plundered to get away easily?
Since EACC has kept complaining of sabotage by the DPP, the best thing to do is to give the former total independence, including prosecutorial powers, and see how far it can go in carrying the constitutional mandate to fruition.
With the endless bad blood between the two and graft bodies, Kenyans will continue to be treated to endless blame games as economic saboteurs continue enriching themselves and vomiting on our feet. In the face of the squabbles over cases, I advocate for the EACC to be given powers to prosecute their cases to logical conclusions. The tabling of evidence the body believes can see them win convictions should be tested in a court of law for the benefit of all Kenyans who pay them to be in office.
It's frustrating to spend lots of money investigating cases only for another office to thrash the efforts. On the part of DPP, to regain its waning trust levels, its Director, through the communication department, should give details and grounds for all withdrawals and also explain why in the first place the office cleared prosecutions of the same suspects it ends up acquainting.
Mr Omanga is a media practitioner. omanga4@gmail.com
